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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25485
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I THINK I GOT WRONG INFO WHEN I ASKED FOLLOWING QUESTION ON

Resolved Question:

I THINK I GOT WRONG INFO WHEN I ASKED FOLLOWING QUESTION ON YOUR SITE WILL TRY AGAIN .I AM A WIDOW OF A 100% DISABLE VET. I HAVE DOWER RIGHTS TILL I DIE
HOWEVER I DEEDED MY HOUSE TO MY SON AND NOW HE IS IN BANKRUPTCY CHAPTER 7
MY LAWYER TELLS ME I WILL HAVE TO PAY MY SONS COSTS TRUSTEE'ATTORNEYS FEES AND TAX RETURNS AS FEDERAL LAW REQUIRES IT AND IF I DONT N.J. LAW CAN SELL THE HOUSE AND MY DOWER RIGHTS ARE GONE...CAN MILITARY LAWYER GIVE ME EXPERT ADVICE .I KNOW MY LAWYER HAS MY INTEREST AT HEART BUT I AM JUST HOPING FOR A
MORE POSITIVE ANSWER.
Submitted: 8 months ago.
Category: Military Law
Expert:  P. Simmons replied 8 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am, I have a good bit of experience with military law, including disability benefits.

But I am not sure I understand your question. Why is it you believe that military or VA law will apply in your circumstances?
Customer: replied 8 months ago.


reply the reason I asked my question was because its the reason I have dower rights and the reason I am eligiable to recieve VA compension monthly due to my husbands 100% disability I am sensing that you do not have an answer...it was in good faith that I deeded this house to my son ,,I never ever thought I would be liable for his bankruptcy because of this...the military has always been there for me I have USFHP and get my medicine from them ..so I just want to know if you know the answer.

Customer: replied 8 months ago.
Relist: Other.
have not recieved answer yet..but when statement came up on screen that I could have several military lawyers opinion this is certaintly a better option
Customer: replied 8 months ago.


reply the reason I asked my question was because its the reason I have dower rights and the reason I am eligiable to recieve VA compension monthly due to my husbands 100% disability I am sensing that you do not have an answer...it was in good faith that I deeded this house to my son ,,I never ever thought I would be liable for his bankruptcy because of this...the military has always been there for me I have USFHP and get my medicine from them ..so I just want to know if you know the answer.MY HUSBANDS RANK WAS E-7 NAVY

Customer: replied 8 months ago.


WILL WAIT FOR MY QUESTION TO BE CONSIDERED BY SEVERAL MILITARY LAWYERS

Expert:  P. Simmons replied 8 months ago.
Ma'am I am sorry for the delay. It is early here on the west coast.

I am also sorry to be the one to bear bad news. I asked about why you believed that military / VA law would help you to try and see what your rational was. I file claims on behalf of veterans and their dependents to the VA daily, so I have a very clear understanding of the law as it relates to Title 38 US Code (VA benefits) and Title 10 US Code (military benefits)

There is nothing in either Title 32 or Tile 10 that will trump Title 11 US Code (the portion of the code that covers bankruptcy law). If your son is going through bankruptcy proceedings, Title 11 US Code will determine how his assets are distributed.

If you transferred title to your son, then the court will look to that home as an asset belonging to your son...and will distribute that asset to his creditors as part of the bankruptcy proceedings.

I understand your concern...that you had a property right in that home. But once you transferred title, that right transferred as well. The fact you received title to the home based on dower rights will not stop the court from considering this home as an asset of your son.

Had you never transferred title? Then it would not be an issue.

But since you did transfer title, that asset is now under his control. And since he filed for bankruptcy, the court now has control over that asset. So the history before your transfer to your son will not be relevant.

Again, I am very sorry to be the one to have to bear bad news.

Please let me know if you have more questions on this matter. Happy to help if I can
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25485
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 8 months ago.
Relist: Other.
Idid not receive an answer..but when I saw on your site that I could have several military laywers it betters my chance of more info so thats what I choose
Customer: replied 8 months ago.
Relist: Other.
Idid not receive an answer..but when I saw on your site that I could have several military laywers it betters my chance of more info so thats what I choose

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